A bill to reduce the penalties for simple possession of marijuana in Louisiana passed another legislative hurdle Tuesday, after it was approved in a Senate judicial committee and pushed to the floor. If approved there, the bill would head to Gov. Bobby Jindal for his signature or veto.

House Bill 103,
sponsored by state Rep. Austin Badon, D-New Orleans, would lessen the
jail time and fines imposed on someone convicted of simple marijuana
possession. Speaking before the Senate Judiciary C Committee on Tuesday, Badon said the bill would "keep families together, to keep people going on the unemployment rolls."

He added keeping people out of jail would save taxpayers $2.2 million in incarceration costs, a fact supported by the bill's fiscal note. The lessened penalties would not apply to those with intent to distribute or to those in possession of synthetic marijuana.

Under current law, a first-time offender could be jailed up to six
months. A repeat offender could be sentenced up to five years and face up to a $2,500 fine, with
those convicted three or more times open to a 20-year jail sentence and up to a $5,000 fine.

Badon's bill would lessen this jail time to not more than two years
for repeat offenders, five years for third-time offenders and eight
years for those convicted four or more times. The maximum fine for
possession would also be lessened from $5,000 to $2,500.

The bill was passed by a vote of 4-2 with Committee Chairman Sen. Bob Kostelka, R-Monroe and Sen. Mack "Bodi" White, R-Baton Rouge voting against. White said he believed the bill sent "the wrong message that it's OK to smoke marijuana in Louisiana."

Kostelka agreed, repeatedly asking members of the public testifying in support of the bill if they were in favor of legalizing marijuana.

"This is a very modest bill, it is not at all a slippery slope (toward legalization)," Baton Rouge resident and lawyer David Brown said during his public testimony. "This bill does not seek to get softer on drugs; it seeks to get smarter on drugs."

Ben LaBranche of the Louisiana Association of Criminal Defense Lawyers also testified for the bill.

"This is not the road to legalization," he said. "It's just good. It minimizes the maximum penalties for these marijuana offenses," which are the same as cocaine offenses in the state.

Peter Adams, executive director for the Louisiana District Attorney Association, said while his organization remained neutral on the bill, they did remove their opposition to reducing the penalties after Badon made some concessions to allow for greater judge discretion in sentencing.

"(This bill) does not tie our hands on the habitual offender law, which the original bill did," Adams said. "It's a relative felony and it remains a relative felony under this bill."

State Sen. Elbert Guillory, R-Opelousas, who switched parties last week, made the motion to report the bill favorably. During debate, he asked, "Is this the same marijuana that the last three presidents have admitted using?"

Badon replied in the affirmative, noting "our marijuana laws are more harsh than some of the laws for heinous laws in Louisiana."

The bill now heads to the Senate floor for final debate. Since the Legislature already passed the Monday deadline for regular approval of bills, Badon's bill must garner a two-thirds vote on the Senate floor to head to the governor's desk.